Chicago Railroad Employment Law Attorneys
Railroads are treating their injured employees with greater hostility than ever before. Union representatives and railroad employees are informing us of the aggressive tactics used in an effort to minimize the financial value of a Federal Employers' Liability Act (FELA) injury claim. Railroads use the following common tactics in order to prepare their defense to a claim under the FELA even before the injured employee has hired an attorney:
Disciplinary Investigations
When an employee is injured and does not immediately file a personal injury report, railroads will frequently hold investigations to question the employee as to why the injury report was not "immediately" filed, and will use this opportunity to aggressively question the injured employee concerning his or her injuries and his or her alleged fault in the incident. With a late filed injury report, the railroad, many times, asserts that the employee was injured off property, and is falsifying an injury. It is very important to seek legal advice before a railroad disciplinary investigation because the testimony provided will be used by the railroad against the injured employee in defending the FELA claim.
Medical Treatment
Timely medical treatment is crucial to establishing the medical connection between the incident and resulting injuries. Railroads are skeptical of claims that do not require immediate medical care, and there are times when railroad officials will attempt to prevent or delay medical treatment so as not to make the railroad injury reportable with the Federal Railroad Administration (FRA). It is critical that an injured employee receive timely medical treatment following a work-related incident. Even if the symptoms are not significant immediately following an incident, many times, the symptoms will gradually increase as the days continue. Prompt medical treatment is essential for successfully pursuing a FELA claim.
Conflicting Statements
Following an injury, railroads will attempt to obtain as much information as possible to use in their defense of the FELA claim. It is a common practice for railroads to interview and obtain a recorded statement from the injured employee as part of the investigative process, obtain medical records, and interview co-employees and supervisors with knowledge of the incident. Armed with this information, the railroad will try to establish conflicting information to be used against the employee. Once an injured employee retains a lawyer, the railroad can no longer communicate directly with the injured employee.
Railroad Claim Agents
The railroad claims department has one objective when an employee is injured – to save the railroad money. The railroad claims agent may represent that he/she is your friend and will take care of you during this difficult time following an injury. However, never lose sight of the fact that railroad claims agents want to obtain information to use against the injured employee to minimize financial recovery under the FELA.
Video Surveillance
Railroads are regularly conducting video surveillance on their injured employees in an effort to "catch" the employees physically doing something that is "inconsistent" with the alleged injuries. Video surveillance can occur at the employee's home, traveling to/from medical appointments, or while the injured employee is engaging in normal activities of life (grocery shopping). If you observe a video surveillance team trespassing on private property, call the authorities and report it.
As an injured employee, you must be aware of these common railroad tactics and minimize your contact with railroad officials. We represented injured railroad workers in Illinois, Nebraska, Oklahoma and throughout the United States. Call O'Brien Chod, LLC, toll free at 877-746-3165 or contact us online for advice and guidance.
More than 40 years combined experience representing injured clients nationwide.
